Texas 2021 - 87th Regular

Texas Senate Bill SB495 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst S.B. No. 495
2		-	(Harless)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to certain rights of crime victims.
8	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	8		SECTION 1. Article 56A.051(a), Code of Criminal Procedure,
10	9		is amended to read as follows:
11	10		(a) A victim, guardian of a victim, or close relative of a
12	11		deceased victim is entitled to the following rights within the
13	12		criminal justice system:
14	13		(1) the right to receive from a law enforcement agency
15	14		adequate protection from harm and threats of harm arising from
16	15		cooperation with prosecution efforts;
17	16		(2) the right to:
18	17		(A) have the magistrate consider the safety of
19	18		the victim or the victim's family in setting the amount of bail for
20	19		the defendant;
21	20		(B) be informed of the amount of bail set for the
22	21		defendant; and
23	22		(C) request that the attorney representing the
24	23		state ask the magistrate to adjust the amount of bail as necessary
25	24		to ensure the safety of the victim or the victim's family;
26	25		(3) if requested, the right to be informed:
27	26		(A) by the attorney representing the state of
28	27		relevant court proceedings, including appellate proceedings, and
29	28		to be informed if those proceedings have been canceled or
30	29		rescheduled before the event; and
31	30		(B) by an appellate court of the court's
32	31		decisions, after the decisions are entered but before the decisions
33	32		are made public;
34	33		(4) when requested, the right to be informed:
35	34		(A) by a peace officer concerning the defendant's
36	35		right to bail and the procedures in criminal investigations; and
37	36		(B) by the office of the attorney representing
38	37		the state concerning the general procedures in the criminal justice
39	38		system, including general procedures in guilty plea negotiations
40	39		and arrangements, restitution, and the appeals and parole process;
41	40		(5) the right to provide pertinent information to a
42	41		community supervision and corrections department conducting a
43	42		presentencing investigation concerning the impact of the offense on
44	43		the victim and the victim's family by testimony, written statement,
45	44		or any other manner before any sentencing of the defendant;
46	45		(6) the right to receive information regarding
47	46		compensation to victims of crime as provided by Chapter 56B,
48	47		including information related to the costs that may be compensated
49	48		under that chapter and the amount of compensation, eligibility for
50	49		compensation, and procedures for application for compensation
51	50		under that chapter, the payment for a forensic medical examination
52	51		under Article 56A.252 for a victim of an alleged sexual assault, and
53	52		when requested, to referral to available social service agencies
54	53		that may offer additional assistance;
55	54		(7) the right to:
56	55		(A) be informed, on request, of parole
57	56		procedures;
58	57		(B) participate in the parole process;
59	58		(C) provide to the board for inclusion in the
60	59		defendant's file information to be considered by the board before
61	60		the parole of any defendant convicted of any offense subject to this
62	61		chapter; and
63	62		(D) be notified, if requested, of parole
64	63		proceedings concerning a defendant in the victim's case and of the
65	64		defendant's release;
66	65		(8) the right to be provided with a waiting area,
67	66		separate or secure from other witnesses, including the defendant
68	67		and relatives of the defendant, before testifying in any proceeding
69	68		concerning the defendant; if a separate waiting area is not
70	69		available, other safeguards should be taken to minimize the
71	70		victim's contact with the defendant and the defendant's relatives
72	71		and witnesses, before and during court proceedings;
73	72		(9) the right to the prompt return of any of the
74	73		victim's property that is held by a law enforcement agency or the
75	74		attorney representing the state as evidence when the property is no
76	75		longer required for that purpose;
77	76		(10) the right to have the attorney representing the
78	77		state notify the victim's employer, if requested, that the victim's
79	78		cooperation and testimony is necessary in a proceeding that may
80	79		require the victim to be absent from work for good cause;
81	80		(11) the right to request victim-offender mediation
82	81		coordinated by the victim services division of the department;
83	82		(12) the right to be informed of the uses of a victim
84	83		impact statement and the statement's purpose in the criminal
85	84		justice system as described by Subchapter D, to complete the victim
86	85		impact statement, and to have the victim impact statement
87	86		considered:
88	87		(A) by the attorney representing the state and
89	88		the judge before sentencing or before a plea bargain agreement is
90	89		accepted; and
91	90		(B) by the board before a defendant is released
92	91		on parole;
93	92		(13) for a victim of an assault or sexual assault who
94	93		is younger than 17 years of age or whose case involves family
95	94		violence, as defined by Section 71.004, Family Code, the right to
96	95		have the court consider the impact on the victim of a continuance
97	96		requested by the defendant; if requested by the attorney
98	97		representing the state or by the defendant's attorney, the court
99	98		shall state on the record the reason for granting or denying the
100	99		continuance; and
101	100		(14) if the offense is a capital felony, the right to:
102	101		(A) receive by mail from the court a written
103	102		explanation of defense-initiated victim outreach if the court has
104	103		authorized expenditures for a defense-initiated victim outreach
105	104		specialist;
106	105		(B) not be contacted by the victim outreach
107	106		specialist unless the victim, guardian, or relative has consented
108	107		to the contact by providing a written notice to the court; and
109	108		(C) designate a victim service provider to
110	109		receive all communications from a victim outreach specialist acting
111	110		on behalf of any person.
112	111		SECTION 2. This Act takes effect September 1, 2021.